COLLECTION AND USE OF PERSONAL INFORMATION
Anderson Legal Services understands the importance of privacy and personal information, whether it be for client’s or other parties related to our legal matters. Privacy laws are governed by the Personal Information Protection and Electronic Documents Act (“PIPEDA”). As we live in a changing world from time to time there may be other legislation, rules, by-laws and/or regulations that intertwine with privacy that Anderson Legal Services must abide by. An example of this is the Law Society of Ontario’s By-law 7.1 Part III.
WHAT IS PERSONAL INFORMATION
Personal Information is any information that can identify a party, whether it be name, address, email address, telephone number or information contained within the content of any of the legal documents pertaining to the matter.
LEGAL OBLIGATIONS
As a legal firm, Anderson Legal Services, has legal obligations to client’s and other related parties, we respect all of our paralegal-client relationships. Anderson Legal Services has always been committed to keeping your personal information private in accordance with the law.
However, there may be special circumstances when Anderson Legal Services may have to comply with the law by sharing personal information. Some examples of this may be, if directed to do so by the Law Society of Ontario (LSO), if directed to do so by any level of government, if ordered to do so by court order. Please note, that for any of these circumstances, Anderson Legal Services will attempt to notify their client whenever possible of their legal obligation to share information. If there is a breach (i.e. security breach) Anderson Legal Services will take all steps possible under their purview to protect client’s information and notify the authorities of any possible breach, which may include notifying insurance service provider(s).
Anderson Legal Services also uses third-party service providers from time to time to carry out certain functions within the practice or on behalf of a party to the legal action. Some examples are accepting credit card payments, using the services of a process server, using the services of an expert witness. The third-party service providers may have access to and may have to use personal information in order to carry out their duties.
Please see Law Society of Ontario (LSO) – Paralegal’s Rules of Conduct 3.03 Confidentiality – for more information
CORRECTING ERRORS
If Anderson Legal Services has any information and discovers that the information has changed or is no longer accurate, Anderson Legal Services will take all reasonable steps to correct the errors.
CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION
Most of the time Anderson Legal Services will obtain consent to collect, use and disclose your information. At times we will obtain your consent in writing, in some cases we will accept verbal or implied consent.
WITHDRAW OF CONSENT
A client may withdrawal consent to our collection, use and disclose of personal information at any time condition upon legal obligations, contractual restrictions, reasonable notice and anything mentioned in this policy. A withdrawal of consent must be in writing using the clients authentic signature (electronic signatures will not be accepted). A withdrawal of consent may impact Anderson Legal Services’ ability to continue to represent a party and provide legal advice.
HOLD HARMLESS / INDEMNIFIED
Anderson Legal Services cannot be held liable,
1) if the information is publicly available through channels outside of Anderson Legal Services,
2) when clients, or parties to a matter voluntarily share, give away, publish or offer information from any legal matter to person or legal entity.
This is especially true if the person/party chooses not to consult or notify Anderson Legal Service of their intention to share information.
3) Although Anderson Legal Services aims to maintain personal information as accurate and up-to-date as possible, Anderson Legal Services needs to be notified when/if any changes occur during the life of the matter and cannot be held responsible if a party does not update their information, Anderson Legal Services will use the information they have and believe to be true and accurate.
All information involved in a legal matter should not be shared by parties of a legal matter without consulting first with a professional, preferable a licensed legal professional. All information within a legal matter should be considered privileged information.
SECURING DATA
Anderson Legal Services uses various safeguards and tools to ensure all information is secured. These safeguards may include;
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